MarkIt to Market® – January 2023: Marking Yourself Safe From Trademark Scams in 2023 | Sterne, Kessler, Goldstein & Fox P.L.L.C.

As 2023 gets underway, we would like to remind our readers to remain vigilant for trademark scams, which target both new application filers and established brands, and have been known to arrive via email, mail, fax, and even text.

As in the past, the types of scams typically take one of the four following forms:

  1. “Official” Letters or Notices from the “U.S. Patent and Trademark Office,” or Similarly-Named Agency

These kinds of scams have become so prevalent that the USPTO maintains a database of examples, along with helpful information to determine whether a particular communication is fraudulent. Current examples include notices that actually bear some form of the USPTO name and seal, and direct recipients to pay the fee, and then forward the payment receipt to their trademark attorney for final processing. Others request the payment of fees to avoid cancellation of trademark registrations, while others are styled as official “infringement notices.” These types of scams may provide a phone number to call to leave one’s credit card number, or include an official-looking form to complete with payment information along with a return addressed envelope with a P.O. Box.

If you are one of our clients, all official correspondence and fees will be routed through our firm – and you can always forward such notices to use for a (complimentary) review to confirm authenticity.

For pro se applicants, official USPTO correspondence will (1) use the wording…

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